Question on garnishing wages

[toomuch]

Can more than one creditor garnish your wages? Does the % vary by state??

Thanks,

Too Much

[lrprn]

Can more than one creditor garnish your wages? Does the % vary by state??

If a creditor wins a judgment and garnishes your wages to pay it, the % of your salary that can be taken depends on the state.

Most states allow up to 25% of your salary to be garnished, but some states allow less, and one doesn't allow wage garnishment at all (Texas).

If one creditor has already taken the maximum % of the paycheck, then any other creditor that gets a garnishment judgment after that has to wait until the first creditor is paid in full. First come, first served.

What's your home state, TM? You can check here to see what the wage garnishment laws are in your state - http://www.bcsalliance.com/y_debt_st...nishments.html

[toomuch]

What's your home state, TM? You can check here to see what the wage garnishment laws are in your state - http://www.bcsalliance.com/y_debt_st...nishments.html

Georgia. It's 25%

[treehugger1]

I found the following info posted on the web. Take this for what it is worth. I can't vouch for the reliability, but it seems consistent with other information. The additional info that you want to determine is how long the garnishment can be in effect before the creditor/ca must reapply for a new writ. In my state, writs of garnishment are only valid for 90 days, so if you have several large creditors garnishing your wages, they have to get in line, most likely will not see their judgment satisfied, and then get in line again.

"Georgia Procedural Requirements
In all cases where a money judgment shall have been obtained, the plaintiff shall be entitled to the process of garnishment. The plaintiff, the plaintiff's attorney at law, or the plaintiff's agent shall make, on personal knowledge, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount claimed to be due on the judgment, the name of the court which rendered the judgment, and the case number thereof. Upon the filing of the affidavit with the clerk of any court having jurisdiction over the garnishee, the clerk shall cause a summons of garnishment to issue forthwith; provided, however, that the affidavit shall first be made and approved in one of the following ways: The affidavit may be made before and approved by a judge of the court in which the garnishment proceeding is filed. The affidavit may be made before and approved by a judge of the court that rendered the judgment upon which the garnishment is based. The affidavit may made before and approved by a judge of any court of record. The affidavit may be made before any officer authorized to administer oaths, including a notary public, provided the affidavit is then submitted by mail or in person to any judge of a court of record and is approved by him. The affidavit may be made before the clerk of the court in which the garnishment is filed or before any officer authorized to administer oaths, including a notary public, and may be approved by the clerk if the judge or judges of the court promulgate rules supervising the initiation of the garnishment proceedings and the affidavit is made and approved pursuant to such rules. Georgia.

The summons of garnishment shall be directed to the garnishee, commanding him to file an answer Statuting what money or other property is subject to garnishment. Upon the affidavit and summons being delivered to the sheriff, marshal, constable, or like officer of the court issuing the summons, it shall be his duty to serve the summons of garnishment upon the person to whom it is directed and to make his entry of service upon the affidavit and return the affidavit to the court. If the garnishee is a bank or other financial institution and if the defendant does not have an active account with, and is not the owner of any money or property in the possession of, the bank or financial institution then the garnishee may immediately file an answer; however, such answer shall be filed not later than 45 days after the service of the summons. If the defendant does have an active account with, or is the owner of any money or property in the possession of, the bank or financial institution then the garnishee must file an answer no sooner than 30 days and no later than 45 days after the service of the summons and must be accompanied by the money or other property subject to garnishment. Georgia.

In a garnishment based on a judgment, the defendant shall be given notice of the filing of the first summons of garnishment on an affidavit for garnishment and of the issuance of an additional summons of garnishment on such affidavit when no notice has been given to the defendant within 90 days immediately preceding the issuance of such additional summons, using any one of the methods contained in __ 18464 or 9114. No money or other property delivered to the court by the garnishee shall be distributed; nor shall any judgment be rendered against the garnishee until after the expiration of ten days from the date of compliance with at least one method of notification. The garnishee shall be entitled to his actual reasonable expenses, including attorney's fees, in making a true answer of garnishment. The amount so incurred shall be taxed in the bill of costs and shall be paid by the party upon whom the cost is cast, as costs are cast in other cases.

The garnishee may deduct $25 or 10 percent of the amount paid into court, whichever is greater, not to exceed $50, as reasonable attorney's fees or expenses. If the garnishee can show that his actual attorney's fees or expenses exceed the above amount, he must petition the court for a hearing at the time of making his answer without deducting from the amount paid into court. Upon hearing from the parties, the court may enter an order for the payment of actual attorney's fees or expenses proven by the garnishee to have been incurred reasonably in making his answer.

Interest Rate at which Judgments Accrue All judgments shall bear interest upon the principal amount recovered at the rate of 12 percent per year unless the judgment is rendered on a written contract or obligation providing for interest at a specified rate, in which case the judgment shall bear interest at the rate specified in such contract or obligation.

You can file Motion to quash the garnishment. Lack of proper service, lack subject matter jurisdiction, lack personal jurisdiction over the defendant, ???"

[treehugger1]

If you have garnishment for student loans, alimony, child support, etc, these first come off the top of your wages. If such is your case, there may be nothing left of the 25% that an unsecured creditor can get their hands on.

It is also important to realize that you can get a garnishment against your bank accounts, and you might not receive any warning.

[tay666]

I have a related question.
Is there any cut-off line where you make so little that they can't take anymore?
I am curious. Since my wife hasn't worked the past 6 months due to medical issues. We are below the federal poverty guidline.
And are actually receiving foodstamps and medical card for the kids.
In a situation like this, can a creditor still get a garnishment?
Or is there some kind of protection for those with very low incomes?

[HHM]

I have a related question.
Is there any cut-off line where you make so little that they can't take anymore?
I am curious. Since my wife hasn't worked the past 6 months due to medical issues. We are below the federal poverty guideline.
And are actually receiving foodstamps and medical card for the kids.
In a situation like this, can a creditor still get a garnishment?
Or is there some kind of protection for those with very low incomes?

There usually is some cut off...its some formula based off a multiple of the Federal Minimum Wage. I found this chart based off the federal guidelines. However, states are free to alter these amounts.

Weekly pay, $175.50 or less: NONE (meaning no garnishment permitted).
Bi-Weekly, $351.00 or less: NONE
Semimonthly, $380.25 or less: NONE
Monthly, $760.50 or less: NONE

[magyar123]

There usually is some cut off...its some formula based off a multiple of the Federal Minimum Wage. I found this chart based off the federal guidelines. However, states are free to alter these amounts.

Weekly pay, $175.50 or less: NONE (meaning no garnishment permitted).
Bi-Weekly, $351.00 or less: NONE
Semimonthly, $380.25 or less: NONE
Monthly, $760.50 or less: NONE

Are the figures you noted "gross" or "net" pay scales?

[tay666]

Were those numbers for a single person?
I can't imagine trying to support a family of 4 on $175 a week gross pay.

(BTW - according to the link earlier in the thread, Ohio uses Federal garnishment rules)

[HHM]

The figures are for the Wage Earner. A creditor garnishes a particular persons pay, so if that person only makes $175 per week, then that paycheck cannot be garnished.

I believe the $175 per week is "net" or "disposable" earnings. But the only deductions allowed are those required by law. Thus, if you earn $225 per week, and between fed taxes, ss, fica, etc, you only take home $175, then under federal guidelines, your wages cannot be garnished. Note, their are exceptions for child support, alimony, taxes, and other debts owed to a government entity.